On The System Of Behavioral Preservation In China 's Civil Action

A means of relief afterwards to protect the rights of the parties is the basic characteristic of civil litigation. This lag of the legal proceeding often leads to the right of the parties can not get timely relief, and affects the quality and efficiency of the proceedings, and the parties trust and rely on the law. Civil preservation system makes up the lag disadvantage of the afterwards relief of the Civil Procedure to a certain extent. Protection System regulates the conduct of the parties to eliminate the inconvenience of litigation lagged some extent. And mitigate conflict of the justice and practice so that it can achieve procedural justice and substantial justice of the law. However, by analyzing behavior preservation provisions of the existing provisions, it is not difficult to find that the relevant provisions of the Protection System is a bit simple. In particular, the relevant provisions of the Protection System specific application is not specific enough. There are cross conflicts between Provision of property preservation and advance implementation of the system, so it easily leads to confusion in the specific implementation process. This article will analysis the issues of behavior Preservation System and refine the system itself gradually from the program to help the effective operation of the system behavior.This paper is divided into four parts, a total of more than30,000words. The main contents are as follows:The first part is the concept stresses preservation system behavior, character, purpose and development process. Behavior preservation is an effective judgment to protect the interests of the parties and to prevent damage. Then analyze the features of Urgency, the tentative nature and simplicity of the Behavior preservation. Finally, the act preservation purposes are summarized, namely the need to improve the legal system, in order to protect the legitimate rights and interests of the parties needs.The second part is extraterritorial acts of preservation system to inspect, and then summarize some of the behavior conducive to the preservation and development of the system applicable experience. In fact whether civil or common law did not act preservation concept and behavior preservation is our original. There are two main phases of extraterritorial similar system:"false sanction civil law "system and the Anglo-American law," interlocutory injunction "system. This article examines the characteristics of the two systems and application programs and summarizes the similarities and differences between these two systems, then propose beneficial enlightenment. The third part introduces the status quo of China’s behavior as well as the preservation of the system problems. Summarize the problems of preservation system from the reality of judicial practice. Nature is not clear, related systems distinguish is unknown, and the scope is blur. These problems have seriously affected the normal operation of the act preservation system.The fourth part is the preservation of some of the proposed system to improve the problems raised for civil behavior. Article that, in view of the use of property preservation system mature in our civil action, the behavior of a program designed to preserve the system can generally referring to the preservation of property to build a unified framework program, but also a prominent place concrete. This in turn is reflected in the behavior of the application conditions preservation, start-up mode, the court standard of review, and ruled that execution guarantees to prevent abuse on the behavior preservation and protection and relief issues.